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Old 03-11-2011, 11:24 PM   #1  
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Default Provo Craft sues Make the Cut & Sure Cuts a Lot

Provo Craft has won a law suit against Make The cut.
"Under the settlement, Make The Cut is permanently and immediately disallowed from selling software that is compatible in any way with Cricut machines. The company is also required to destroy all copies of the software�s source code.

For the existing software, Make The Cut also is required to take measures within 30 days to disable the 600 copies that were sold of the software with the cartridge back-up feature. Make The Cut is ordered to render these copies of the software completely non-functional until these users update their software to a copy that eliminates the back-up function.

Make The Cut Settles Cricut Software Lawsuit With Provo Craft

Now they have a law suit against SCAL

Provo Craft Sues Sure Cuts A Lot, Alleging Copyright Violations
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Old 03-12-2011, 11:13 AM   #2  
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And I decided to go ahead and buy Make the Cut, guess my next purchse will probably be a Gazelle.
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Old 03-12-2011, 11:35 AM   #3  
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I don't have a Cricut nor any electronic die cutter.
Does this mean those who bought Make the Cut or Sure Cuts a Lot can NOT use it on their Cricut?

It says in the settlement that Make the Cut must "disable the Cricut back up feature on all programs already sold" and destroy the code. People will need to reregister for a MTC program with out the Cricut back up
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Old 03-12-2011, 11:36 AM   #4  
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I have been thinking of purchasing either MTC or SCAL to use with my cricut..I am not familiar with the lawsuit. does this mean you can;t purchase it anymore to be used with cricut? (sorry if q sounds stupid but I don't understand what the lawsuit was for since I don't know the features on both programs).. Also what is a Gazelle? I have never heard of that..
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Old 03-12-2011, 02:11 PM   #5  
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Not sure what this will mean going forward, but it DOES mean that if you have MTC, don't ever, ever let your cricut update via the cricut updater!
Yeah, I'll be saving for another cutter, too....
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Old 03-12-2011, 02:26 PM   #6  
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I was thinking of getting an SCAL for my Cricut. If ProvoCraft ends up winning all the lawsuits, then I will be in the market for a new cutter, too. I want to be able to cut things other than just what ProvoCraft via Cricut cartridges decides to put out. I'm all for protecting your copywrites and such, but as a crafter, it's gets too expensive to have to purchase new major purchases all the time. Makes me not want to invest anymore in this craft.
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Old 03-12-2011, 02:44 PM   #7  
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Thanks for sharing - just for this I am going to purpose myself not to spend any more money on cartridges. I will replace mats obviously but Provo has recently raised the prices on carts too. I will be looking for other options in cutters as well. No longer will Provo Craft get my money.
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Old 03-12-2011, 06:34 PM   #8  
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I just saw on MTC forum that someone will be asking on Monday about a class action on behalf of the end users against Provocraft.

I'm so bummed that Provocraft/Bank of America stuck it to all of us. It means that we cannot buy a product, then do what we want with it. I'll be waking up in the morning grumbling. Grrrrrr.....
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Old 03-13-2011, 03:24 AM   #9  
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I bought a Cricut Expression last year and love it. I had seen it advertised on TV and thought I'd never want one because I didn't like the idea of the cartridges - I would want something that would cut my own designs. I then discovered SCAL and decided to go for the Expression, and used SCAL for a short while, but had problems with it crashing a lot. Then someone recommended MTC which I immediately bought, and never looked back. This is the IDEAL combination for me. I have never used cartridges and wouldn't want to - they are not my style, far too expensive, have lots of stuff on that I wouldn't use, take up room, and are far too limited. OK if you like that sort of thing, but for me, it's my own creativity that matters.

I've only been crafting since last Spring in a serious way, and have only had my Cricut a very short time, and have put quite a lot of investment into it. I would be most reluctant to have to fork out for a new machine because of this. I am hoping that my version of MTC and my current Cricut firmware (which I updated quite recently) will continue to work for me for years to come.

Is there any way to prevent the Cricut from updating itself automatically? Could this actually happen? I do not want to be suddenly in a position where I can't use the hardware and software together.

This is a major bore. I don't know whether or not MTC have infringed copyright, but I agree with the others who say that PC are cutting off their nose to spite their face. I must be one among thousands of people who only bought a Cricut because this independent software existed.
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Old 03-13-2011, 11:22 AM   #10  
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I was fortunate enough to get my cricut as a gift from my SIL who got the expression a few years back for Christmas. She sent me a cartridge and I've bought a couple others, on sale of course, but I have to say - I wasn't happy with it. It's so limiting and I don't like most of the fonts. I bought the Bosskut Gazelle and I couldn't be happier. I can purchase individual files if I choose, I can cut any font that is on my computer and there are many sites that you can find free files to download. Not only will it cut cardstock, chipboard, fun foam, vinyl, etc., it embosses, will print & cut, has a rhinestone feature & engraves. While the cost is a little much initially, it is well worth it in the end.
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Old 03-13-2011, 03:08 PM   #11  
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Quote:

Originally Posted by thebiscuitscrapsView Post
I'm so bummed that Provocraft/Bank of America stuck it to all of us.
I dont get what this has to do with Bank of America??
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Old 03-13-2011, 03:34 PM   #12  
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Originally Posted by betseylouView Post
I dont get what this has to do with Bank of America??
Bank of America is part owner of Provocraft.
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Old 03-13-2011, 04:20 PM   #13  
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If you really want SCAL to use with your Cricut, get it now. They can't make the older versions not work and the SCAL lawsuit is only in the infancy stages whereas the MTC was willingly settled by the owners of MTC. They must have felt they didn't have a case or they wouldn't have settled - or they couldn't afford to have it drag on. So SCAL is still available for now.

Apparently there are other non-Provo Craft cutters that don't feel a threat from svg files and even work with the owners of MTC and SCAL so I'll be saving for a new cutter for when my existing Expression dies. I'd rather not support Provo Craft at this point, if I can avoid it. It is pure greed pure and simple. The high prices on most of their cartridges puts this passion out of the reach of many people, especially in this economic climate.

Happy cutting!
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Old 03-13-2011, 04:51 PM   #14  
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There is a boycott going on, feel free to join

here: Boycott Provo Craft | Facebook
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Old 03-13-2011, 05:31 PM   #15  
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It has started already. A lister on Craigslist in my area has Sure Cuts a Lot for sale saying it works with a Cricut. Which is does now . I am sure there will be millions of people who are unaware of these lawsuits who will buy them second hand only to find they may not work in the future. The first time they go to update them poof!!
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Old 03-13-2011, 07:39 PM   #16  
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I have SCAL and the Expression but what do you mean by updating?
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Old 03-13-2011, 09:14 PM   #17  
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This really makes me sad. I don't own either of the programs, but I think I should be allowed to do whatever I want with a product I purchased. I have bought quite a few cartridges, but I got most of them from ebay dirt cheap. I hope that PC takes note of the unhappy masses and pulls their heads out of their butts. There are plenty of other user friendly products that people could be purchasing instead of theirs. I will definitely be thinking twice before spending money on more of their products.
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Old 03-13-2011, 10:48 PM   #18  
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I just purchased the Cricut Expression a few months ago and the ONLY reason I bought it was BECAUSE of the SCAL software. I purchased the SCAL software because I had learned of the lawsuit against MTC and while I was upset about Provocraft's lawsuit (given the considerable boost to their sales of machines due to the ingenuity of these software programs), I could see, based on what I read, that there may have been an argument that MTC was infringing upon Cricut's patents/licensing etc. That's why I went for SCAL, thinking that company has been so careful not to interfere with the cartridge material and now I find out that Provocraft is targeting SCAL too?!?!? I'm mad as hell!!! This is corporate bullying and monopolization at its worst. I'm convinced these lawsuits are not because of any real belief in patent infringement, but because of corporate greed, arrogance and largess. Now that Provocraft woke up and realized that there was a large market for these software programs, they want to corner it and drive out the competition through lawsuits-- outrageous! And what about consumer rights? We consumers bought a product legally under the reasonable belief that it was also perfectly legal to use and now our property is being "taken" (i.e., rendered useless) by corporate pariah-Provocraft. Where is our compensation for the taking of our property? And what right does a manufacturer have to tell you how to use a product once you've purchased it? I'd really like to know the answer to that. WHEN does it become YOUR property? I didn't rent the machine-- I BOUGHT IT. I didn't buy a limited license to use the machine-- I purchased a machine for MY use-- a machine that is supposed to "unleash your creativity" (well... so long as Provocraft can tell you what to create). Oh yeah, we can determine the size of those predetermined die cuts-- gee the creativity! I can understand the problem with reengineering someone else's product or software for profit-- but Provocraft had NO similar program for years! I hope there is an appeal pending and I hope that SCAL hires a good legal team. Maybe they can join forces to fight this unscrupulous company. Is there a legal defense fund? Perhaps that's where our Provocraft dollars should go. I also wish there would be a successful class action against Provocraft for our loss of use of the software we legally purchased. Provocraft profited off these transactions when we purchased their machines under the belief that we would not be enslaved to their outrageously expensive cartridges and now for further profit (off the backs of their very consumers) they have the audacity to make these software purchases worthless. If this corporate bully wins at the next trial I'll have ZERO faith in the legal system. I hate Provocraft now. To h*ll with them and their overpriced, inaccurate machines and cartridges!
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Old 03-14-2011, 01:17 AM   #19  
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Let me guess Gdoreen your upset!!!! ! ;)

Some of the girls over at MTC are getting in touch with lawyers on Monday for a class action lawsuit. Just thought I let you know. ;)

I am a long time Cricut user, going on five years. I have MTC, SCAL, just upgraded to the beautiful Aqua Expressions, over 80 cartridges, Design Studio and Gypsy. Used to be one of the big OP's over at the Cricut board. Can you say power user?

As a computer geek I understand what PC is doing. I understand what Andy is doing. I understand what Todd is doing. I am mad about the whole thing. I probably won't get in the lawsuit since I need to use my ProvoCraft products. I need to use my KniftyKnitter looms. I rely on my Cuttlebug even though I have a BigShot. I use my Cuttlebug for specific art techniques since I don't mind trashing it. I do rely on some of my cartridges. I really can't get rid of all my wood items that I alter either. I would be at a loss. I have my other cutters: Gazelle and Silhouette. I am in good shape.

I am very angry since this lawsuit just has stonewalled us Linux users to h*ll and back. Now, none of us can write code to get Gypsies or Design Studio to work on our Linux systems. Probably get a lawsuit that I know I couldn't afford or take the stress from. Yeah, PC really shot themselves. I did recommend the Cricut. I can't now on the scale I did. Cricut is just not a good system for Open Source crafter's.
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Old 03-14-2011, 07:19 AM   #20  
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I dislike companies who bully. As much as I love my spellbinders dies, I will no longer purchase any more. While I don't spend a fortune, if everyone who purchases PC items stops or cuts way back, they will know that without consumers, they are nothing. They can prove they're right by law or by more attorneys, but without people purchasing their products, where are they?

Reminds me of years ago, before her going to prison, Martha Stewart's attorneys had a cease and desist put against a local person who was doing something at Chrismas for underprivileged children and that rubbed me the wrong way. I have yet to purchase anything MS. Same will go for PC
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Old 03-14-2011, 10:10 AM   #21  
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Is it too late to purchase MTC and download it today? Will it be obsolete should I purchase it? For those who have it already, will you still be able to use it or it is no longer useful? I'm new to Cricut and confused. Thank you.
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Old 03-14-2011, 11:00 AM   #22  
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for those who care - you can join the boycott provovcraft facebook page OR go to the Provocraft Company page and try to fiend them - it will not allow BUT it will let you send a message. I sent them my 2 cents worth.
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Old 03-14-2011, 12:59 PM   #23  
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for those who care - you can join the boycott provovcraft facebook page OR go to the Provocraft Company page and try to fiend them - it will not allow BUT it will let you send a message. I sent them my 2 cents worth.
The Boycott just hit 800 people. It just started yesterday. I think PC does not know what they've done.

I used to have a sign on my desk..."When Mama's not happy, NOBODY is happy". PC just messed with a lot of Mamas.
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Old 03-14-2011, 01:00 PM   #24  
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"When Mama's not happy, NOBODY is happy"

OMGosh I LOVE that quote!!!
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Old 03-14-2011, 01:26 PM   #25  
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wow, going to go join, I have scal and I love it. I don't think I would touch my expression half as much if I had to use the carts.... And I don't like big bully corporations, and yes, I paid for my machine, not to rent it....
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Old 03-14-2011, 02:00 PM   #26  
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Here's a link if you need one:
Boycott Provo Craft | Facebook
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Old 03-14-2011, 05:24 PM   #27  
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Just an FYI,
If you read all of the information about these law suits you will see Provo Craft did not sue until their company was purchased by Bank of America.

There is your evil doer...just saying!!
Imagine that...a greedy bank...go figure!
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Old 03-14-2011, 06:16 PM   #28  
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Yeah, I guess I was a bit worked up about learning of the suit against SCAL :P I spent serious crafting dollars on an Expression. You know... just typing that I realize what a misnomer it is call that machine an "Expression" when Provocraft limits the way its users can "express" themselves with it.

Thanks, thebiscuitscraps, for the link to the Facebook boycott page! Let's keep it up.
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Old 03-14-2011, 07:15 PM   #29  
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Originally Posted by FairskinnedgoddessView Post
Just an FYI,
If you read all of the information about these law suits you will see Provo Craft did not sue until their company was purchased by Bank of America.

There is your evil doer...just saying!!
Imagine that...a greedy bank...go figure!
This should tell people how much profit is made in these things. If you want to know "the why" of anything that happens just follow the money .
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Old 03-14-2011, 07:48 PM   #30  
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I so did not realize Bank of America bought ProvoCraft. That's reason enough to boycott. Dislike.
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Old 03-15-2011, 12:55 AM   #31  
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The Make the cut law suit was an almost immediate action after the purchase of Provo Craft in April of last year.

I know there will always be crafters who have more money than sense, and will buy $80.00 cartridges because they can.

However, there will be several crafters who will not be able to afford that price until the economy changes...or ever.
With things the way they are financially, Who even has a clue when/if things will get back to the good old days.
This is a prime example of the business model corporate America stands for.....cater to the wealthier people......squash the little guy, he's not worthy.

They know they will have a market for their products. Nothing will change in the price structure they have set forth, until a severe dent has been made in their bottom line.
The price will then only come down to the point that purchases pick up again, they will most likely never be affordable to everyone...just to that highest paying customer base.

If you are a budget crafter and want to be able to purchase images to cut that you actually like in SVG form...i'd look for another machine.
I've heard there are several options that are very much compatable with both scal and mtc, who's company is on board with the end user having access to use those programs.
Black Cat/ Lynx
Pazzles
Cougar
silhouette (i butchered that I think...lol)
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Old 03-15-2011, 05:08 AM   #32  
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Default Do not flame me.

Do not flame me.

Companies (this includes medical, Disney, artist, writers, movie makers, car makers, etc) spend much money in the research of their products. This is for safety issues, (for us and the workers), quality issues, appearance, etc. In order to protect THEIR investment, the companies are allowed to copy write, patent, etc. their product. This insures that the item in question, including meds, medical items, movies, plays, our other toys, etc. are up to the standards that the original company set. The later companies that copy the item, (this includes Sure Cut a Lot & Make the Cut) MAY make a product that interferes with the workings of THE machine. If THE machine brakes due to being incompatible with the program that was downloaded to THE machine, the owner will go after Provcraft, not Sure Cut a Lot or Make the Cut, to fix or replace THE machine. These company have spent nothing on employees, research, safety issues, quality, etc.

If Provcraft loses, we lose. Copycat machines will come on the market that will not be up to Provcraft�s standards. Other companies will lose. It will spread like a spider web. Think of all the movies that boat legers copy and sell as the original, meds that we are told are like the original, books, etc.

Maybe you enjoy seeing Mickey smoking or Sleeping Beauty doing the act, but Disney does not and his creations are protected. Why do we flame other companies for doing the same thing?

Yes this is apples to oranges, but it is the same thing. Think of the spider web effect.
Betty
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Old 03-15-2011, 06:02 AM   #33  
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Betty, I'm not going to flame you. You certainly have a right to your opinion.

IMHO, PC did NOT do their research. They only looked at what THEY thought was going to increase their bottom line. What they did NOT take into account is that many crafters are CREATIVE. HA! Who would have "thunk"!

PC sells tons and tons and tons of carts to people who are collectors of carts, to people who DO NOT want to be hooked up to the machine, to people who are creative and want some carts....but also want to create their own designs.

Then, there are the people who don't want ANY carts, but want the machine and a piece of software that gives them the ability to create whatever they want. We ASKED and ASKED and ASKED PC to create a piece of software that would give us the opportunity to do that. They came out with Design Studio...the worst piece of crapola called creative software I have ever seen.

So....techie husbands began to create software for their wives that did the trick...and shared it with others. Then the software skyroceted. The software engineers created excellent software based on what the customers were asking for.

PC had the opportunity to buy into that, but they stuck their heads in the sand and said, "NO, this is OUR ball and we don't want to play." Not only do we not want to play, we don't want ANYONE to create ANYTHING we don't have in mind for them.

They could have gone so many ways with this, giving every kind of customer what they wanted. But, they opted to go the "easy" route.

What a waste, IMHO. They could have been the best company with the best cutter for the average crafter on the market, but what they have done is show us they are a big bully.

I don't like bullies.
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Old 03-15-2011, 06:54 AM   #34  
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I TOTALLY agree about PC Design Studio. I bought it when it first came out thinking (stupidly) that it was going to let me do what it said it would. Totally wasted money.
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Old 03-15-2011, 09:07 AM   #35  
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The Cricut is OWNED by PC. It was has always been made to use with carts. If PC wanted to go that route, they would have. It's their right as a company. It's also their right to have been consulted by other companies who want to create software to use with the Cricut. It's also PC's right to say no. Cricut is not the only electronic die cutting machine on the market. Granted, they're more expensive, but you can still do the things people want to do without buying any carts. However, the problem lies in the fact that a lot of people bought the Cricut purely for SCAL and MTC. PC is a business and they make money from the carts also. The carts may be a little expensive, but nobody is making you buy them. Also, you can get them on sale. I hardly ever pay full price for a cart. I don't think boycotting PC is going to do a lot of good, but if it makes ya'll feel better, go ahead. I will continue to buy carts and use my Cricut.
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Old 03-15-2011, 09:34 AM   #36  
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Does this mean that those of us who bought MTC or SCAL will not be able to use it?????
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Old 03-15-2011, 10:00 AM   #37  
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Can these still be purchased?
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Old 03-15-2011, 10:59 AM   #38  
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Quote:

Originally Posted by Betty_S_KView Post
Do not flame me.

Companies (this includes medical, Disney, artist, writers, movie makers, car makers, etc) spend much money in the research of their products. This is for safety issues, (for us and the workers), quality issues, appearance, etc. In order to protect THEIR investment, the companies are allowed to copy write, patent, etc. their product. This insures that the item in question, including meds, medical items, movies, plays, our other toys, etc. are up to the standards that the original company set. The later companies that copy the item, (this includes Sure Cut a Lot & Make the Cut) MAY make a product that interferes with the workings of THE machine. If THE machine brakes due to being incompatible with the program that was downloaded to THE machine, the owner will go after Provcraft, not Sure Cut a Lot or Make the Cut, to fix or replace THE machine. These company have spent nothing on employees, research, safety issues, quality, etc.

If Provcraft loses, we lose. Copycat machines will come on the market that will not be up to Provcraft�s standards. Other companies will lose. It will spread like a spider web. Think of all the movies that boat legers copy and sell as the original, meds that we are told are like the original, books, etc.

Maybe you enjoy seeing Mickey smoking or Sleeping Beauty doing the act, but Disney does not and his creations are protected. Why do we flame other companies for doing the same thing?

Yes this is apples to oranges, but it is the same thing. Think of the spider web effect.
Betty
Betty, Provo Craft protects themselves by stating they are not going to fix your machine if you use a 3rd parties software.

I do not understand why you would think another company making a machine would be a copycat of Provocraft.
For one, their machines have tons of issues for all that research and high standard they try to obtain.

Not a flame, but I think you give them too much credit.
Just my two cents.
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Old 03-15-2011, 05:47 PM   #39  
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Quote:

Originally Posted by Betty_S_KView Post
Do not flame me.

Companies (this includes medical, Disney, artist, writers, movie makers, car makers, etc) spend much money in the research of their products. This is for safety issues, (for us and the workers), quality issues, appearance, etc. In order to protect THEIR investment, the companies are allowed to copy write, patent, etc. their product. This insures that the item in question, including meds, medical items, movies, plays, our other toys, etc. are up to the standards that the original company set. The later companies that copy the item, (this includes Sure Cut a Lot & Make the Cut) MAY make a product that interferes with the workings of THE machine. If THE machine brakes due to being incompatible with the program that was downloaded to THE machine, the owner will go after Provcraft, not Sure Cut a Lot or Make the Cut, to fix or replace THE machine. These company have spent nothing on employees, research, safety issues, quality, etc.

If Provcraft loses, we lose. Copycat machines will come on the market that will not be up to Provcraft�s standards. Other companies will lose. It will spread like a spider web. Think of all the movies that boat legers copy and sell as the original, meds that we are told are like the original, books, etc.

Maybe you enjoy seeing Mickey smoking or Sleeping Beauty doing the act, but Disney does not and his creations are protected. Why do we flame other companies for doing the same thing?

Yes this is apples to oranges, but it is the same thing. Think of the spider web effect.
Betty
Hi Betty,

I completely respect your opinion. I disagree however with the premise that MTC or SCAL are "copies" of a product PC manufactures. If indeed PC had such a program and MTC or SCAL copied the code and sold it for profit (i.e., bootlegging), I would completely agree with you. If the SCAL or MTC programs contained the contents of PC cartridges or images (licensed or not), I'd completely agree with you that there are copyright violations here. But there was no such copying. MTC and SCAL created a tool to be used with the machine which doesn't alter it physically or prevent the use of cartridges (or I'd see THAT as a possible issue there). As a previous poster wrote, the warranty is void once a 3rd party program is used.

What this is really about is PC trying to restrict consumers to their cartridges because they make more money selling the cartridges than they do on the machines over the lifetime of ownership. You buy one machine, but several cartridges (at least according to PC's thought process). MTC and SCAL interfered with their business model-- but that's not against the law.

This is like Apple preventing 3rd parties from making accessories or programs for the Ipod that enhance usage/functionality. Apple is about innovation. In fact Apple created a platform for users to create programs as a way to market the capability of the Ipod Touch/Iphone. It helped create a sensation. Perhaps PC should take a page out of that successful business model.

The greatest offense to me is PC making it a condition for settlement with MTC that it disable/destroy versions of the software that were already sold/purchased. PC didn't care about the money MTC consumers spent on that program or the years MTC users enjoyed that freedom of "expression." It is that lack of regard along with the restriction of use that soured me on PC. I get that business is business...but I am of the opinion that if a company has GOOD products, GOOD services and has GOOD business practices, they'll make a GOOD profit without nasty underhanded tactics.

And I have to disagree with a previous poster that we "little guys" don't count against "wealthier" crafters. There are far more of us than there are of them. Sure there are niche markets-- but what is PC going to do with all those mass produced machines and cartridges once the masses of "little guys" start using competing machines/systems? Perhaps BOA can give them away instead of toasters for new checking accounts ;)

Just my three cents,
Doreen
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Old 03-15-2011, 06:40 PM   #40  
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Well said, Doreen.
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